Florida Child Custody Legal Questions

Mr. Dossett: Sometimes judges are just backed up and sometimes things get "lost."  I am assuming that you did not have an attorney representing you at the hearing.  First you should check the on-line docket because sometimes they court's orders are filed there and it sliops throughthe cracks where it is not sent to the parties. If you do not find it there, then  I would suggest calling the judge's judicial assistant and (very nicely) explaining that your case was heard 3 months ago (give the assistant the case number and the date of the hearing) and  that, as a lay person, you were just following up to see when the assistant thought the judge would rule.    As to things that have happened since then, you will have to address that separately since the judge only took evidence and testimony up through the date of your hearing. Best of luck to you. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785... Read Answer

Dear Ms. Monroe: Sorry you are in this situation.  You do not specify whether there has been a prior court case or not, or whether paternity has ever been established, so this answer assumes paternity has never been previously established. The father has a right to file in the county where you live or he lives.  However, you can file to change the "venue" of the case to your county on the grounds that it is inconvenient to have the case in Palm Beach.  This may be particulary true if the child (until the father took her) always resided with you in the Ft. Myers area. If, as you state, there is a case filed, you should immediately file a motion in the court to have your child returned to you, especially if the father never established paternity, stating, as you have in your inquiry, that the child always lived with you and that the father will not tell you of the child's whereabouts. Custody (what we now call "timesharing") in Florida is a complicated issue, and very fact specific.  The court starts with the premise that each parent should have 50 percent of the time with a child, and the party who objects to this must prove why the other parent should not have this timesharing arrangement. (drunk driving, better for the child to live in Ft. Myers, he would likely not honor a timesharing schedule, etc.) and whatever else may be relevant. It may help you if you seek, at a minimum, a consultation with a knowledgeabel family law attorney.  These cases are difficult and more difficult to navagate alone. Best of luck, Cindy S. Vova Family Law Office of Cindy S. Vova Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785   ... Read Answer

Dear Anonymous:    Florida law changed in July, 2023 as to timehsaring between parents.  There is now a presumption that BOTH parents are entitled to 50/50 timesharing, subject to a number of factors that could persuade the court to give one parent less than 50/50 timesharing.  However, the burden of proving that a parent should not have 50/50 time with children is on the parent who is objecting to this arrangement.  In your fiance's situation, he certainly does not have to accept the child's mother's proposition for timesharing, and he can go to court and, subject to the child's mother proving otherwise, get the 50/50 timesharing he desires.   As to the alternating week schedule, that is a possibility.  Another common schedule is where the parents split the week, with one parent having Mondays and Tuesdays and the other parent having Wednesdays and Thursdays and the parties rotating the weekends from Fridays (usually after school or child care) until Monday mornings.  The Court will look at what is best for the child, including, if applicable, a parent's work schedule.  So since your finace wants 50 percent of the time with his child, then he should pursue that because the law is on his side. Best of luck. Cindy S. Vova Law Offices  of Cindy S. Vova, P.A.  Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785          ... Read Answer

Dear Anonymous: The short answer is no, you do not have to voluntarily consent to change your child's last name.  If the father files an action to establish paternity, (and you do not state whether this has ever been done previously) he can, at that time, request that the child's name be changed.  However, absent an agreement between the parties, if the Court permitted the name change it would be a hyphenated version, with both party's names included, and in alphabetical order. So, for example, if your last name was Jones and the father's last name was Smith, then the birth certificate would be amended to be "Jones-Smith."  Since he has been out of your child life for so long, it is questionable whether he would actuallyspend the time and money to go through the legal process for a name change, particularly since it would also, subject him to paying child support...if he is not already. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785    ... Read Answer

This service does not allow me to edit my reply to your response so I am just going to deal with it as if I was answering your question for the first time. What kind of name change forms are you talking about? Are you talking about the ones that are done through the court or are you talking about the ones to change your child's name through the Fl Department of Vital Statistics? If the former is the case, I have to look into this further and get back with you. Please respond to lawofficelbasagoitia@gmail.com Otherwise, I may not see your reply because as I said this service does not let me know when there is a reply. Thank you.... Read Answer

Dear Anonymous:   Since the other parent has not responded, under Florida Statute 61.13001, there is a presumption that relocation is in your child's best interest.  This also presumes that you followed all the prerequisites in serving the other parent and, if applicable, anyone else who may have legal rights to timesharing with the child,  as required by Florida statute, and filed the return of service. However, you are correct  that you have to take steps to bring this to the Court's attention to obtain the Order permitting you to relocate. There is no specific form for you to file, but your proposed Motion seems appropriately titled.  Be sure to include in your motion that the other side was properly served and failed to respond. Once you file the motion you will need to read the Judge's specific procedures on how to set a hearing on the matter.  Some counties have help desks that you can call if the procedures are not clear.  You should probably only need 10 to 15 minutes for your hearing.  Looks like you are headed in the right direction to allow your move! Best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade: 954-316-3496 Palm Beach: 561-962-2785  ... Read Answer

Dear Anonymous:    Unfortunately, at this point she can move.  Under Florida law, since you were not married at the time of the child's birth or thereafter, in order to legally establish your parental rights as the father you must file an action to establish paternity.  Once a court order is entered that adjudicates you as the child's legal father, then you could petition the court to ask that your ex girlfriend not move.  That said, Florida has a relocation statute, Section 61.13001.  That statue governs the procedure that must be followed to allow a relocation of a child more than 50 miles from where the parent/child are currently living.  There are a number of facrtors the court takes into account in making a final decision.   I suggest that you immediately file that action to establish paternity, and because just filing it does not alone stop her from moving, you need to try and expedite the process.  If the move is imminent, then you really have to act on this quickly. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com  ... Read Answer

Dear Ms. Vega:   Unfortunately, not only do you not have any legal rights regarding the child now, but you still do not have any legal rights to the child once you get married.     The only time a step-parent would have legal rights regarding the child is if  the other natural parent (not your fiance but the mother) gives up her legal rights or her rights are terminated.  Your fiance can authorize a school to let you pick up the child, or he can give you a limited power of attorney to act in his stead, but this does not replace the rights of the natural mother unless they are terminated and you adopt the child.  I hope this answers your question and best wishes on your upcoming marriage.   Regards, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Boca Raton-Miami -Dade 954-316-3496/561-962-2785    ... Read Answer

Dear Lori:     No, she will not have any legal rights to the child.  Along the same lines, unless there is a Cour order establishing the man's paternity to the child, he has no rights to the child either. That also means you cannot get child support from him until paternity is established (even if he admits he is the father).     If you wish to establish paternity to get support, you can do so through the Florida Department of Revenue or a private attiorney. Keep in mind, however, that the man may then also want to establish timesharing rights with the child.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova,P.A. Broward-Boca Raton-Miami-Dade 954-316-3496/561-962-2785 ... Read Answer

Dear Anonymous:     You certainly have a right to know where your child will be when with his father.  You would have to file a motion with the court stating that your ex violated your agreement by not providing a current address. and asking the Court to enforce the agreement.  Additionally, you should state in the motion that he was removed from his prior residence due to the domestic violence, and because of that incident and the failure to provide an address, you withheld timesharing becauase you were concerned about the safety of your child.      I hope this helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Palm Beach/Miami-Dade 954-316-3496/561-962-2785 ... Read Answer

 Dear Anonymous:       Any individual purporting to be the parent of a child may file an action in court to establish paternity.  However, establishing paternity alone does not also establish a parenting plan and time sharing (visitation) with the child.  Since this individual has not been in the child's life since birth, a court typically will not let him just come in and begin a timesharing schedule without determining what will be in the best interest of the child.      Certainly, testimony about his behavior (if it is relevant) and emails he sent to you (again if relevant) likely can be used in court.  (there are specific evidentiary rules to getting document admitted to a court, which is too involved to properly discuss in this forum)      If he does pursue such an action, you can, and should, pursue establishing child support.  Children are expensive to raise, and he has an obligation to contribute.  Under Florida law you can get retroactive support for up to 24 months prior to the filing of an action to establish paternity and child support.   Hopefully this information helps.  Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Palm Beach/Miami-Dade 954-316-3496/561-962-2785... Read Answer

Dear Anonymous:      I am sorry you are in this situation.  The quick answer is that it is difficult because parental rights trump that of another relative absent extenuating circumstances.    You have temporary custody and that is the key word, "temporary".  The court will look to the best interest of the child, but unfortnuatenly, Florida has a low bar on parenting.  That means that if the father (or mother) is competent to care for the child, the court may well terminate the temporary custody order.  This gets quite complicated and you would need to provide a lot more details. Candidly, you would be best served at least having a consultation with an attorney in your area to go through more of the facts. Even then, after 36 years of practice I can never actually predict what a court will do.   Best of luck,   Cindy S. Vova Law Offices of Cindy S. Vova 954-316-3496/561-962-2785... Read Answer

Dear Ms. Evans:         If there has not been a court order establishing paternity, then your son's girlfriend can leave the state. If paternity has been established, he can file a motion to prevent her from leaving the state with the court.  Assuming no paternity has been established, your son needs to immediately file an action to establish paternity, timesharing and a parenting plan with the Court in the county where he or the mother resides.  Unfortunately, until a judge enters an order that establishes paternity, just filing the petition will not stop the move.  However, your son can ask that she be required to return to the state with the children.       Most people do not know about the need to establish paternity in the courts even when the parties get along and are doing fine.  It is better to do it sooner rather than later, but hopefully your son will have enough time to get this done before the mother leaves.      Best of luck,      Cindy S. Vova      Law Offices of Cindy S. Vova, P.A.      954-316-3496/561-962-2785... Read Answer

Dear Ms. DeGrandchamp:       A child cannot file a petition to reside with the other parent.  However, your son, as the father, can file a supplemental petition to modify the original timesharing agreement.  In  evaluating a petition for a change in timesharing, the court looks to a number of factors that are set forth in Florida Statute 61.13(3).  One of the factors is the preference of the child if the child is of sufficient maturity to voice his/her opinion.      If your son does file such a petition, he might also want the court to appoint a guardian ad litem, which is an independent individual who is able to research the situation, talk to all potential witnesses, and render a report to the Court as to the guardian's opinion as to whether the petitionshould be granted.      It is admirable that you are looking out for your grandchild's best interest, but now dad has to step up to the plate.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.... Read Answer

Dear Anonymous:   You have a very difficult situation.  You state that your daughter has been to 3 therapists.  What do they say is the underlying cause of your child's behavior in not wanting to see her dad?   You can always file a Supplemental petition to Modify Timesharing. There are approximately 26 factors the court looks at to determine a change in timesharing  However, before you start down that journey I would suggest that you obtain  professionals who will be able to testify that it is in your daughter's best interest to not spend as much time with her father.  Once you file for modification you will need these experts on your team.  The Court could also order psychological evaluation of your daughter and her father, and even you, to determine if timesharing should be changed.  Or there could be a social investigation done.  All of these are very costly procedures.  So get your ducks in a row before you begin the court procedure.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. ... Read Answer

  Mr. Pennington:       Unfortunately, once you are divorced from a spouse, he/she is permitted to take up with whomever he/she wants.    Of course, if there is reason for you to be concerned about the individual, perhaps your first move would be to do your own background check on this person.  You can find a lot on line with a little information, including checking criminal records.  Also, there are very inexpensive on line programs that can assist with a background check without you actually "requesting" such a check.        If then there is cause for concern, perhaps you should discuss it with your ex.  Maybe she is unaware of any conduct that could be harmful to your children.  If that provides no help, you should consult with an attorney to review your options.  Unfortunately, Florida has a very low bar when it comes to parenting, and there is a big burden to prove that a new partner of an ex is a danger to your children.  Hopefully that will not be necessary.   Best of luck to you, Cindy S. Vova Law Office of Cindy S. Vova, P.A. South FLorida 954-316-3496/561-962-2785    ... Read Answer

   Under Florida law in order to become the legal father of a child born outside of a marriage requires a court judgment establishing paternity.    At this point in time, the child's mother can leave the state with your child and you cannot stop her.     So the best thing for you to do is immediately file a Petition to Establsh parernity.  If you can get  a court order establishing the paternity before she leaves you can also try and get an injunction to stop her from leaving.  The Florida Supreme Court website has forms and directions that can assist you.    However, because the law does not move as quickly as you might need, even if she moves, you can stil file the paternity petition in Florida and Florida will have jurisdiction to hear the case as long as you do this within 6 months of the child leaving the state.     As a final suggestion, look up the Florida Putative Father registry on Google.  Then register as the "father" of the child.  In case she tries to have her new boyfriend adopt the child, this would show in the public records that there is someone (you) who claims to be the child's father, and you would have to get notification before any court actions were taken.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785           ... Read Answer

Dear Mr. Dileo:   SInce the parties were not legally married, your son has to file an action to determine paternity....immediately!  And  he might want to ask for this to be done on an emergency basis if grandma is trying to take the children.  Under Florida law he is not the "legal" father until there is adetermination of paternity.  Once a court enters a judgment of paternity, he would have supreior legal rights for the children to stay with him absent extenuating circumstances.      I hope this helps and I am sorry for your son's loss.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton/Miamii-Dade 954-316-3496/561-962-2785... Read Answer

  If you have a parenting plan in place, and paternity has been established, the mother cannot move to Tampa, which is more than 50 miles from wehre she is now living, unless you agree, and a document setting foth all of the factors in Section 61.13001 (2), Fla. Stat is signed by both parents and then ratified by court order.   If you do not agree to her moving,   then Mom has to file a Supplemental Petition to relocate under the same statute. Ultimately a judge will decide if she can move and if so, what alternate time sharing you are entitled to with your child.   She cannot simply go.  However, if she does, unless you want to waive your rights, you will have to file for a pick up order with the Court to have the child returned to Miami. Hopefully the two of you can work this out.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3495/561-962-2785  ... Read Answer

Dear Anonymous:    There are two separate answers required to your question. First:  if a person's parental rights are terminated that individual will not owe child support going forward.  However, any retroactive or arrears in support is still due. Second:  One typically cannot simply "give up" his/her parental rights.  The concept is the state wants two parents to be responsible for the child and to support the child.  However, if in this case, if the mother is planning to remarry and /or has an ongoing relationship with another responsible adult who wishes to adopt the child, then a step-parent adoption or a second parent adoption that is filed will require that the bio dad to give up his rights.  So if Mom has this in the planning stages, then it will be possible for the father to relinquish his parental rights and be relieved of further support obligations.   I hope this helped. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

   So, this is the second question I've respopnded to for you- and it appears that your husband beat you to the courthouse and filed for divorce! That said, you are looking to change venue, not jurisdition, meaning the county where the case is filed.  A divorce is typically filed in the county where the parties last resided together as husband and wife.  If that was Pasco then that is the first ground you allege.  The second ground is to move venue is because Palm Beach is an inconvenient forum.  So, for example, you and the child are in Pasco. You reside there, potentially work there and  your child, the child's school, friends, doctors, etc. are all there.  It would be inconvenient for you to participate in a case in Palm Beach where there are no marital ties.   From your question, it does not even appear that your husband is living in Florida, and therefore, whether the case is in Pasco or Pinellas (or any other county) would not matter as he would have to potentially travel from Wisconsin to participate in the case (unlsee we keep doing Zoom for all of your hearings).    You need to file a motion to change venue (not jurisdiction) and set forth all the reasons why you have no ties to Palm Beach and it is inconvenient to litigate there.  Moreover, your hsuband has no ties to Palm Beach either. Good luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Brwoard/Palm Beach 954-316-3496/561-962-2786... Read Answer

Dear Ms. Chenal:    It depends what you want to do.  Under Florida law you can apply to get "support unconnected with a dissolution of marriage," meaning child support without an accompanying divorce.  You can also ask for retroactive support  to cover the time since your husband left.  Howoever, the retroactive support can only be awarded for up to 24 months, so each month you delay allows your spouse to get away from his responsibility.    You can seek to do this through the Florida Department of Revenue, or through a private attorney.     Your second option is to file for divorce, unless there is a reason you are continuing the marriage.  Even though your husband lives in Wisconsin, the Florida court should have jurisdiction over him since the last place you resided together as husband and wife was Florida.     As to him coming and getting your child, although you both have equal rights (in the law) to the child at this point,you can obtain an order from the court prohibiting your husband from removing the child from the state.  However, you must have filed a divorce case to file for this protection.    Best of luck to you, Cindy S. Vova  Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/962-2785 info@vovalaw.com   ... Read Answer

Dear Anonymous:    To petition the court for a change in timesharing ( we don't call it "custody" in Florida anymore), one has to be abe to first allege and then prove that there has been a substantial change in circumstances that was not anticipated at the time the original parenting plan/timesharing was established, and, most importantly, you have to be able to show it is in the child's best interest for the change to occur.   It is highly unlikley, dare I say nearly impossible for one parent to have all timesharing to the exclusion of the other.  However, if your parenting plan contemplated that dad would be with the child at 4:00 and he's not coming home until (for example) 8:00 and not spending time with your child, then that would likely qualify for the substantial change that was not anticipated  (at least by you) when the plan was ordered by the court.  However, you will still have the burden to show that this is in the best interst of your child to change the timesharing.  Although from a logic standpoint, it would seem that if you could be with your child from 4:00 (or earlier) each day, and  interaction with a parent (versus a girlfriend) is better, then you would have a slam dunk.  The law is usually more demanding.  Experts, or other outside evidence that  shows why being with you versus the girlfriend will improve you child's life would also be considered. I would not go for "full custody" but to modify so that when dad has time, it is actually time he will spend with your child, and if he cannot be there then you are able to do things with the child to aid in helping with the delayed development. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561/962-2785... Read Answer